Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations 37911 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969(42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone that will last 10.5 hours on each of 

two days and that would prohibit entry 

on less than a half-mile stretch of the 

Sabine River in Orange, TX. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREA AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0416 to read as 

follows: 

§ 165.T08–0416 Safety Zone; Sabine River, 

Orange, Texas 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Sabine River, extending the entire width 

of the river, adjacent to the public boat 

ramp located in Orange, TX bounded to 

the north by the Orange Public Wharf 

and latitude 30°05′50′′ N and to the 

south at latitude 30°05′33′′ N. The 

duration of the safety zone is intended 

to protect participants, spectators, and 

other persons and vessels, in the 

navigable waters of the Sabine River 

during high-speed boat races and will 

include breaks and opportunity for 

vessels to transit through the regulated 

area. 

(b) Enforcement periods. This section 

will be enforced from 7:30 a.m. through 

6 p.m. daily on September 18, 2021 and 

September 19, 2021. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry of vessels or persons into 

this zone is prohibited unless 

authorized by the Captain of the Port 

Marine Safety Unit Port Arthur (COTP) 

or a designated representative. They 

may be contacted on VHF–FM channel 

13 or 16, or by phone at by telephone 

at 409–719–5070. 

(2) The COTP or a designated 

representative may forbid and control 

the movement of all vessels in the 

regulated area. When hailed or signaled 

by an official patrol vessel, a vessel shall 

come to an immediate stop and comply 

with the directions given. Failure to do 

so may result in expulsion from the 

area, citation for failure to comply, or 

both. 

(3) The COTP or a designated 

representative may terminate the event 

or the operation of any vessel at any 

time it is deemed necessary for the 

protection of life or property. 

(4) The COTP or a designated 

representative will terminate 

enforcement of the special local 

regulations at the conclusion of the 

event. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the effective 

period for the safety zone as well as any 

changes in the dates and times of 

enforcement through Local Notice to 

Mariners (LNMs), Broadcast Notices to 

Mariners (BNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

Dated: July 14, 2021. 

James B. Suffern, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Marine Safety Unit Port 

Arthur. 

[FR Doc. 2021–15281 Filed 7–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0495] 

RIN 1625–AA00 

Safety Zone; Ohio River, Olmsted, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Interim final rule and request 

for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

a portion of the Ohio River in Olmsted, 

IL. This action is necessary to protect 


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personnel, vessels, and the marine 

environment from potential hazards 

created by the demolition of Lock and 

Dam 53 involving explosives. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Ohio Valley or a designated 

representative. 

DATES: This rule is effective without 

actual notice from July 19, 2021 through 

December 1, 2021. For the purposes of 

enforcement, actual notice will be used 

from July 14, 2021 until July 19, 2021. 

Comments and related material must be 

received by the Coast Guard on or before 

August 18, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0495 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. You may submit comments 

identified by docket number USCG– 

2021–0495 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

rulemaking, call or email MST1, 

Andrew Lagarce, MSU Paducah, U.S. 

Coast Guard; telephone 270–442–1621 

ext. 2120, email STL-SMBMSUPaducah-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. 

It is impracticable to publish an 

NPRM because this safety zone must be 

established by July 14, 2021, and we 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this interim rule effective less 

than 30 days after publication in the 

Federal Register. For the same reasons 

discussed in the preceding paragraph, a 

30 day delay of the effective date would 

be contrary to public interest because 

action is needed to respond to the 

potential safety hazards associated with 

the demolition of Lock and Dam 53 

involving explosives beginning July 14, 

2021. 

The purpose of this rulemaking is to 

ensure the safety of personnel, vessels, 

and the marine environment in the 

navigable waters of the Ohio River from 

mile marker (MM) 961 to MM 964.6 

before, during, and after the demolition 

of Lock and Dam 53 involving 

explosives. The Coast Guard is 

establishing this rulemaking under 

authority in 46 U.S.C. 70034 (previously 

33 U.S.C. 1231). 

III. Discussion of the Rule 

This rule establishes a temporary 

safety zone that covers all navigable 

waters of the Ohio River from MM 961 

to MM 964.6. This rule will be enforced 

every day at midday from July 14, 2021 

through December 1, 2021 as necessary 

to facilitate safe demolition of Lock and 

Dam 53. Broadcast Notices to Mariners 

(BNM) will be issued six hours prior to 

the start of blasting to notify the public 

that the safety zone is being enforced. 

Vessels will be able to transit the safety 

zone when explosives are not being 

detonated. This safety zone is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters during the detonation of 

explosives for the demolition. No vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative during 

demolition operations involving 

explosives. 

IV. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the safety zone. This 

safety zone will only be enforced daily 

for a short period of time and only 

impact a small portion of the Ohio 

River. Additionally, this safety zone will 

only be enforced in daytime hours 

during the demolition operations of the 

Lock and Dam 53. Vessels may seek 

permission to transit safety through the 

area from the COTP or a designated 

reperesentative. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule would not have a 

significant economic 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this rule would not have a significant 

economic impact on any vessel owner 

or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 


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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations 37913 

person listed in the FOR FURTHER

INFORMATION CONTACT section. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this rule or any policy or action of the 

Coast Guard. 

C. Collection of Information 

This rule would not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132 

(Federalism), if it has a substantial 

direct effect on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. We have analyzed 

this rule under that Order and have 

determined that it is consistent with the 

fundamental federalism principles and 

preemption requirements described in 

Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175 (Consultation and Coordination 

with Indian Tribal Governments) 

because it would not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please call 

or email the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

would not result in such an 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have made a 

preliminary determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. This rule involves 

involves a temporary safety zone for the 

demolition of Lock and Dam 53 

involving explosives on the Ohio River 

in Olmsted, IL. Normally such actions 

are categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2021–0495 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this rule for alternate 

instructions. 

Viewing material in docket. To view 

documents mentioned in this rule as 

being available in the docket, find the 

docket as described in the previous 

paragraph, and then select ‘‘Supporting 

& Related Material’’ in the Document 

Type column. Public comments will 

also be placed in our online docket and 

can be viewed by following instructions 

on the https://www.regulations.gov 

Frequently Asked Questions web page. 

We review all comments received, but 

we will only post comments that 

address the topic of the rule. We may 

choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0495 to read as 

follows: 

§ 165.T08–0495 Safety Zone; Ohio River, 

Olmsted, IL 

(a) Location. The safety zone will 

cover all navigable waters of the Ohio 

River from mile marker (MM) 961 to 

MM 964.6. 

(b) Effective period. This section is 

effective without actual notice from July 

19, 2021 until December 1, 2021. For the 

purposes of enforcement, actual notice 

will be used from July 14, 2021 until 

July 19, 2021. 

(c) Enforcement period. This section 

will be enforced daily at midday from 

July 14, 2021 through December 1, 2021, 

as necessary to facilitate safe demolition 

operations. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry of vessels or persons 

into the zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Ohio Valley (COTP) or 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 


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37914 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Ohio Valley. 

(2) Vessels requiring entry into the 

safety zone must request permission 

from the COTP or a designated 

representative. To seek entry into the 

safety zone, contact the COTP or the 

COTP’s representative by telephone at 

502–779–5422 or on VHF–FM channel 

16. 

(3) Persons and vessels permitted to 

enter the safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public when the safety zone 

is being enforced via a Broadcast 

Notices to Mariners. 

Dated: July 13, 2021. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2021–15273 Filed 7–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0552] 

RIN 1625–AA00 

Safety Zone; Cumberland River Mile 

Marker 62; Canton, KY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Cumberland 

River extending from mile marker (MM) 

61.5 to MM 63.5 near Canton, KY. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

associated with the salvage of a cruise 

ship. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Ohio Valley (COTP) or 

a designated representative. 

DATES: This rule is effective without 

actual notice from July 19, 2021 through 

September 16, 2021. For the purposes of 

enforcement, actual notice will be used 

from July 17, 2021 until July 19, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0552 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

rulemaking, call or email MST2, Dylan 

Caikowski, MSU Paducah, U.S. Coast 

Guard; telephone 270–442–1621 ext. 

2120, email STL-SMB-MSUPaducahWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it 

would be impracticable. On July 7, 2021 

a cruise ship grounded near MM 62 of 

the Cumberland River. Due to the nature 

of the Cumberland River and the 

amount of recreational and commerical 

vessels there is potential safety risk 

during salvage of the cruise ship to the 

vessels in the area. The safety zone must 

be established immediately to protect 

people, vessels, and the marine 

environment from hazards associated 

with the salvage of a cruise ship. It is 

impracticable to publish an NPRM and 

consider the comments before issuing 

this rule because we must establish this 

safety zone by July 17, 2021. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with the salvage of a cruise 

ship. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The COTP 

has determined that potential hazards 

associated with the salvage of a 

grounded cruise ship will be a safety 

concern for anyone between MM 61.5 

and MM 63.5 on the Cumberland River 

during active salvage operations. This 

rule is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards associated with 

the salvage of a cruise ship at MM 62 

on the Cumberland River. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from July 17, 2021 through 

September 16, 2021, or until the hazards 

have been mitigated. The temporary 

safety zone will cover all navigable 

waters of the Cumberland River from 

MM 61.5 to MM 63.5. The COTP will 

terminate the enforcement of this 

temporary safety zone before September 

16, 2021 if the hazards associated with 

the salvage of a cruise ship have been 

resolved. A Broadcast Notices to 

Mariners (BNM) will be issued twentyfour hours prior to the start of salvage 

operations to notify the public that the 

safety zone is being enforced. Vessels 

will be able to transit the safety zone 

when no active salvage operations are 

being conducted. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. Requests for entry will 

be considered and reviewed on a caseby-case basis. The COTP may be 

contacted by telephone at 502–779– 

5422 or the on scene designated 

representative can be reached via VHF– 

FM channel 16. Persons and vessels 

permitted to enter this temporary safety 

zone must transit at their slowest safe 

speed and comply with all lawful 

directions issued by the COTP or the 

designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 


lotter on DSK11XQN23PROD with RULES1